Georgia Motorcycle Law
Best Georgia Motorcycle Accident Lawyer
Georgia motorcycle accident victims are fortunate that THE Motorcycle Lawyer sm, Jason Waechter, is on your side. We are the motorcycle law firm that has perhaps represented more motorcycle accident clients than any other firm in Georgia. Jason Waechter is nationally known as THE Motorcycle Lawyer sm
Before heading out, you should be familiar with Georgia’s laws. Jason Waechter is nationally known as THE Motorcycle Lawyer sm and provides you with up to date information on Georgia’s motorcycle laws.
Georgia Motorcycle Helmet Law
Georgia law requires all motorcyclists to wear helmets, which means both passengers and operators must wear helmets while on the motorcycle. There are a couple of narrow exceptions, which are:
- Rider in an enclosed cab
- Rider in motorized cart
- Operator of three-wheeled motorcycle used for agricultural purposes
- Rider of three-wheeled motorcycle used for agricultural purposes
Your helmet must meet Federal Motor Vehicle Safety Standard No. 218. If your helmet does not have a visor, then you need to wear DOT-approved eyewear.
Statute
O.C.G.A. 40-6-315 (2010) 40-6-315. Headgear and eye-protective devices for riders
(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of public safety.
(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.
(d) The commissioner of public safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The commissioner shall publish in print or electronically lists of all protective headgear and eye-protective devices by name and type which have been approved.
Penalties for Not Wearing a Helmet
The penalty for not wearing a helmet in Georgia is a fine up to $1,000, up to one year in jail, and/or community service.
Georgia Motorcycle License Requirements
To legally drive a motorcycle in Georgia you need a class M license. One way to get a Class M license is to take a Motorcycle Safety Program Course. The second way is through the 90-day motorcycle license test waiver that is issued by the Georgia Motorcycle Safety Program. To get this waiver, you need to graduate from the Basic Course or Basic Rider Course 2. The waiver is only good for 90 days.
You must be 18 years or older to get your class M license. If you complete the Basic Course before you turn 18, you must be at least 17 years old before the 90 day waiver period ends. You must also meet Joshua’s Law requirements.
Joshua’s Law requirements are:
- 40 hours of supervised driving with a parent or guardian
- Six of those hours must be at night
- 30 hours of classroom instruction
To graduate from the Basic Course, you need to be on time, attend all sessions, get 80 percent or more on the written test, and pass all the cycle-skills evaluations. Once you have successfully completed the requirements, apply at DDS Customer Service Center.
When it comes to getting your Motorcycle Instructional Permit, you must be:
- At least 16 years old and
- Comply with Joshua’s Law
- Complete a DDS Driver Training/Driver Education Course
Once you get your permit, there are some rules you need to follow. You cannot have passengers, can operate only during daylight hours, wear proper safety equipment, and cannot drive on limited access roadways.
Mandatory Insurance
Similar to other states, Georgia law requires the following insurance:
- $25,000 liability for property damage in a single accident
- $25,000 liability for injuries or death of one person in a single accident
- $50,000 for injuries or death of all persons in a single accident
Statute
O.C.G.A. 40-6-11 (2010) 40-6-11. Insurance requirements for operation of motorcycles
(a) For the purposes of this Code section, "motorcycle" means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.
(b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
(c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his or her immediate possession or on the motorcycle at all times when such person is operating the motorcycle but only under the same circumstances and of the same type as prescribed for operators of other motor vehicles in Code Section 40-6-10. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
(d)(1) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section.
(2) Every law enforcement officer in this state shall request the operator of a motorcycle subject to the provisions of subsection (c) of this Code section to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer stops the motorcycle or requests the presentation of the driver's license of such operator.
(e) An owner or operator of a motorcycle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department.
Penalties for Not Having the Right Insurance
If you lapse in insurance, you will get a $25 fine. If you fail to pay the lapse within 30 days, another fine of $160 is added. Furthermore, three points may be added to your license.
Motorcycle Equipment Specifications
The state of Georgia requires motorcycles to have certain equipment specifications. If your motorcycle does not have a windshield then you need to wear protective eyewear. The handlebars cannot be 15 inches above the seat of the operator and footrests are required if you have a passenger on your motorcycle
At least one side mirror is required by law, it can be either left or right. Turn signals are required unless the motorcycle was made before 1972. Taillights, brake lights, and turn signals are required as well. There are no acoustical criteria when it comes to the muffler and speakers are for communication purposes only.
Statutes
Georgia Code, 40-6-315
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of public safety.
Georgia Code, 40-6-314
(a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passengers.
(b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator or with a backrest more commonly known as a sissy bar that is designed in such a way as to create a sharp point at its apex.
Georgia Code, 40-8-25
(b) If a motor vehicle is manufactured with two brake lights, both must be operational.
Motorcycle Moving Violations
Georgia uses a modified comparative fault system. Therefore, if you are 50 percent or more at fault, you could be barred from compensation after an accident. If you do happen to get in an accident in Georgia, call The Motorcycle Lawyer. We can tell you what your rights are and help you take the appropriate steps from there.
Lane-splitting
Lane-splitting is illegal in Georgia. Since Georgia is a modified comparative negligence state, you could be found at fault if you are lane-splitting and get into an accident. If this happens, it is important to contact a motorcycle accident attorney as soon as possible so you understand your rights.
Statute
O.C.G.A. 40-6-312 (2010) 40-6-312. Operating motorcycle on roadway laned for traffic
(a) All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(d) Motorcycles shall not be operated more than two abreast in a single lane.
(e) A person operating a motorcycle shall at all times keep his headlights and taillights illuminated.
(f) Subsections (b) and (c) of this Code section shall not apply to police officers in the performance of their official duties.
Points System
Wondering how many points you could get on your license for certain traffic violations? While this isn’t a comprehensive list, here are some of the more common traffic violations and their points value:
| Motorcycle Lane Violation | 3 points |
| Operation of Motorcycle without Head/Tail Light | 3 points |
| Lane Direction Violation | 3 points |
| Improper Lane Usage | 3 points |
| Failure to Obey Traffic Signal or Light | 3 points |
| Improper Operation of a Motorcycle | 3 points |
| Improper Passing | 3 points |
| Passing in No Passing Zone | 3 points |
| Improper Passing on the Right | 3 points |
| Improper Passing on the Left | 3 points |
| Improper Passing on Hill or Curve | 4 points |
| Reckless Driving | 4 points |
| Aggressive Driving | 6 points |
Speeding
Georgia has different standards for speeding. The points and fines will differ depending on how much over the speed limit you are going, whether it is in a work zone, and what number of traffic violation it is for you. Furthermore, Georgia has a “super speeder” provision that adds fines on top of regular speeding fines.
Georgia Code 40-6-181 Speeding
- Going 34mph or more over the speed limit — 6 points
- Going between 24 - 33mph over the speed limit — 4 points
- Going between 19-23mph over the speed limit — 3 points
- Going between 15 - 18mph over the speed limit — 2 points
40-6-188 Speeding in Work Zone
- Going 34mph or more over the speed limit — 6 points
- Going between 24 - 33mph over the speed limit — 4 points
- Going between 19 - 23mph over the speed limit — 3 points
- Going between 15 - 18mph over the speed limit — 2 points
Statute
O.C.G.A. 40-6-181 (2010) 40-6-181. Maximum limits
(a) The limits specified in this Code section or established as authorized in this article shall be the maximum lawful vehicle speeds, except when a special hazard exists that requires a lower speed for compliance with Code Section 40-6-180.
(b) Consistent with the provision of engineering and traffic investigations regarding maximum speed limits as provided in Code Section 40-6-182, no person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district;
(1.1) Thirty-five miles per hour on an unpaved county road unless designated otherwise by appropriate signs;
(2) Seventy miles per hour on a highway on the federal interstate system and on physically divided highways with full control of access which are outside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;
(3) Sixty-five miles per hour on a highway on the federal interstate system which is inside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;
(4) Sixty-five miles per hour on those sections of physically divided highways without full access control on the state highway system, provided that such speed limit is designated by appropriate signs; and
(5) Fifty-five miles per hour in other locations.
(c) The maximum speed limits set forth in this Code section may be altered as authorized in Code Sections 40-6-182, 40-6-183, and 40-6-188.
Penalties
The fines for a first-time speeding violation are:
- $500 for going between 24 - 34 above the speed limit
- $150 for going between 19 - 24 above the speed limit
- $125 for going between 14 - 19 above the speed limit
- $100 for going between 10 - 14 above the speed limit
- $25 for going between 5 - 10 above the speed limit
- $0 for going less than five over
If you speed in a work zone it is considered a misdemeanor of a “high and aggravated nature.” The fines for speeding in a work zone are between $100 and $2,000. You could also spend up to 12 months in jail.
Georgia has a “super speeder” violation. A super speeder is someone caught going at least 75 mph on a two-lane roadway or 85 miles per hour. The fee is $200, which is added to the other fines and fees.
Reckless Driving
Reckless driving in Georgia is defined as driving with “reckless disregard for property and other people.” Some things that fall into reckless driving include:
- Running red lights
- Running stop signs
- Speeding
- Tailgating
- Weaving in and out of traffic
- Driving under the influence of drugs or alcohol
- Driving a vehicle that has significant technical or mechanical flaws
Statute
O.C.G.A. 40-6-390 (2010) 40-6-390. Reckless driving
(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.
(b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.
Penalties
If you are caught and charged with reckless driving, you could get a fine of up to $1,000 and possibly up to one year in jail. Furthermore, four points could be added to your license, or you could lose your driving privileges completely.
Felony Vehicular Homicide
First-degree vehicular homicide is a felony in Georgia. Typically, the driver committed a
serious driving offense, or is under the influence of alcohol or drugs.
Some example situations where a person commits first-degree vehicular homicide is:
- Hit and run
- Fleeing a police officer
- Attempting to elude a police officer
- Driving under the influence
- Reckless driving
- Passing a school bus
- Overtaking a school bus
Statute
O.C.G.A. 40-6-393 (2010) 40-6-393. Homicide by vehicle
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.
Misdemeanor Vehicular Homicide
A misdemeanor traffic offense that results in a homicide is called misdemeanor vehicular homicide. If any of the five driving offenses for first-degree vehicular homicide are not present, then it is a misdemeanor vehicular homicide.
Traffic offenses that could cause misdemeanor vehicular homicide include:
- Failure to stop at a stop sign
- Failure to maintain a lane
- Distracted driving
- Speeding
- Failing to yield right of way
- Running a red light
Statute
O.C.G.A. § 40-6-393
(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
Second-degree vehicular homicide
If the death of another person is caused by general traffic offenses, then it is considered second-degree vehicular homicide. A couple of examples include failing to maintain a lane or speeding.
When it comes to second-degree homicide, the State is not required to prove the defendant knew the light was red or that they intended to drive through a red light.
Statute
O.C.G.A. § 40-6-393(c)
(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
Penalties
The penalty for first-degree homicide is prison time from three to 15 years. First-degree homicide also comes with a license suspension for three years. For misdemeanor vehicular homicide, it is a maximum fine of $1,000, up to one year in jail, or both. The license suspension is 12 months for misdemeanor vehicular homicide.
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